Knee decisions — 2007

The Board denied the veteran's claims to reopen his service connection for PTSD and a right knee disorder, finding that no new and material evidence had been submitted.

The Board has determined that the veteran's claimed right knee disability is not related to service and denied his claim for service connection.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss, tendonitis of the left knee, and gastroesophageal reflux disease. The claims are denied.

The veteran's knee and elbow disabilities have been rated as 10 percent disabling since January 1, 2002. The thoracic arthritis is currently non-compensably disabling.

The Board has granted a rating of 10 percent for left knee instability and found that the veteran is entitled to a separate compensable rating for degenerative joint disease (DJD) resulting in painful motion. The Board denied separate ratings for instability and DJD as there was no evidence of significant instability or subluxation.

The veteran's claims for higher initial evaluations for his right and left knee disorders, as well as the grant of service connection for these conditions prior to June 9, 1999, are being remanded due to incomplete records and need for further evaluation.

The Board denied the veteran's claims for service connection for chronic bilateral knee disorders and right ear hearing loss disability, as well as a higher rating for degenerative disc disease of the lumbosacral spine. The evidence did not support these claims.

The Board denied an increased rating for the veteran's left knee disability, finding that it did not warrant a higher evaluation at any point during the appeal period.

The Board denied service connection for various conditions, including arthritis of the shoulders and elbows, DDD of the cervical spine, degenerative changes status post laminectomy of the lumbar spine, peripheral neuropathy of all extremities, a bladder disorder, migraine headaches, and a psychiatric disorder. The evidence did not support a finding of exposure to ionizing radiation during service.

The Board has determined that additional development is needed in order to properly adjudicate the veteran's claims, including obtaining VA and private treatment records, scheduling VA examinations for his right knee, lung, and left thumb disabilities, and issuing a supplemental statement of the case.

The Board has determined that the veteran's left knee disability does not warrant a rating greater than 40 percent, as there is no evidence of instability or limitation of motion to a degree that would justify such a higher rating.

The Board has determined that the veteran's left knee disorder is not service-connected and his right knee disorder does not warrant a higher rating.

The Board has determined that additional information is needed to properly adjudicate the veteran's claims for service connection for left and right knee disabilities. The appellant must provide National Guard medical records, including any evaluation from a National Guard physician in 1973.

The veteran's claim for a temporary total evaluation due to right knee surgery performed in February 2003 was denied as the claim was received more than one year after the surgery, and no retroactive award is allowed.

The Board has determined that the veteran's service-connected disabilities do not result in a permanent need for regular aid and attendance or housebound status, thus denying her claim for special monthly compensation.

The Board has granted a rating of 60 percent for the veteran's right knee disability, which is the maximum schedular rating available under VA guidelines.

The Board has granted a temporary total rating for the left knee from May 1, 2002, through August 14, 2002. From December 1, 2002, through April 4, 2004, the criteria for a 20 percent schedular rating are met due to moderate impairment of the left knee.

The Board found no evidence of a right knee disability during service and denied the claim for service connection.

The Board finds that the veteran does not have a current diagnosis of bilateral knee and ankle disability, nor has any such disability been related to his service. Therefore, the claim for service connection is denied.

The Board has reopened the veteran's claim of service connection for left knee disability and finds that new and material evidence has been received. The issue is now to be evaluated on its merits.